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MISCELLANEOUS OFFENCES (PUBLIC ORDER AND NUISANCE) ACT
(CHAPTER 184)
Excessive noise
14. —(1) Any person who makes any noise by any instrument or other means in such a manner as to cause or be likely to cause annoyance or inconvenience to the occupier of any premises in the vicinity or to any person lawfully using any public road or in any public place shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
[10/89]
(2) Any police officer, on any complaint that any person in any premises or in any public place is making such noise as to cause annoyance or inconvenience to the complainant, may enter upon the premises or proceed to the public place and, after warning the person reasonably suspected of making the noise, stop the making of such noise whether by the removal of any instrument or object or in some other appropriate manner.
[10/89; 12/96]
Relief for occupier of premises from nuisance
15. —(1) A Magistrate’s Court may act under this section on a complaint made by the occupier of any premises on the ground that as occupier of the premises he is aggrieved by noise amounting to a nuisance.
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(2) If the Magistrate’s Court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises, the Court shall make an order for either or both of the following purposes:
(a) requiring the defendant to abate the nuisance, within a time specified in the order and to execute any works necessary for that purpose;
(b) prohibiting a recurrence of the nuisance, and requiring the defendant, within a time specified in the order, to execute any works necessary to prevent the recurrence.
[10/89]
(3) Proceedings under this section shall be brought against the person responsible for the nuisance or, if that person cannot be found, against the owner or occupier of the premises from which the noise is emitted or would be emitted.
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(4) A person who without reasonable excuse contravenes any requirement of an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
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(5) In any proceedings for an offence under this section in respect of noise caused in the course of a trade or business, it shall be a defence to prove that the best practicable means have been used for preventing, or for counteracting the effect of, the noise.
[10/89]
(6) In this section —
"noise" includes vibration;
"person responsible" , in relation to the emission of noise, means the person to whose act, default or sufferance the noise is attributable; and where more than one person is responsible for the noise, this section shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance, or would result in a level of noise justifying any proceedings under this section;
"practicable" means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications.
[10/89]